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JASJIT SINGH BEDI
Mandeep Singh – Appellant
Versus
State of Punjab – Respondent
JASJIT SINGH BEDI, J.
The Prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.201 dated 12.08.2022 under Sections 489-C IPC and Section 25 of the Arms Act, 1959 (Section 489-D IPC added later on) registered at Police Station Jamalpur, District Ludhiana.
2. The brief facts of the case are that while the police party was on patrolling duty secret information was received that Mandeep Singh @ Sunny (petitioner) had in his possession fake Indian Currency along with an illegal weapon. He was to supply the same to another person and if a raid was conducted, he could be arrested.
Based on the said information, the present FIR came to be registered. The petitioner was arrested and from his possession 298 counterfeit currency notes of denomination of 100 each, 181 counterfeit currency notes of denomination of 200 each and 64 counterfeit currency notes of denomination of 2000 each came to be recovered.
3. The Counsel for the petitioner contends that the recovery has been foisted upon the petitioner. The investigation stands completed and only one out of 07 prosecution witnesses had been examined so far. Since the petitioner was in custody since 12.08.2
The decision to grant bail was influenced by the lack of criminal antecedents, no further recovery to be made, and the completion of the investigation.
The seriousness of the offence, the public interest, and the risk of the petitioner tampering with evidence or fleeing from justice were central to the court's decision.
The completion of investigation, delay in trial, and the compromise reached between the parties can be considered as grounds for granting bail in certain cases.
The court emphasized that the mere seriousness of the charges does not justify denial of bail when no evidence links the petitioner directly to the crime and investigation is complete.
Cruelty - Bail granted - Petitioner is in judicial custody charge-sheet has already been filed and as per prosecution no fake currency note has been recovered from him. As far as question of arrest o....
The right to a speedy trial under Article 21 of the Constitution of India can dilute the rigors of Section 37 of the NDPS Act, particularly in cases involving first-time offenders and prolonged custo....
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